Shouldnt I Be 70%?

[USMC_VET]

I have uploaded the decision for my predetermination for Reduction, which was dropped however I found it strange that they wrote that....

Evaluation of post traumatic stress disorder (claimed as mental issues and sleep disturbance) currently evaluated as 50 percent disabling. The proposal to reduce the evaluation assigned for your service connected post traumatic stress disorder (claimed as mental issues and sleep disturbance), which is currently 50 percent disabling, is rescinded. This condition will continue to be evaluated as 50 percent disabling.

We have assigned a 50 percent evaluation for your post traumatic stress disorder (claimed as mental issues and sleep disturbance) based on:

• Difficulty in adapting to work
•Near-continuous panic affecting the ability to function independently, appropriately and
effectively
• Difficulty in adapting to stressful circumstances
• Inability to establish and maintain effective relationships
•Near-continuous depression affecting the ability to function independently, appropriately and
effectively
• Impaired impulse control
• Difficulty in adapting to a worklike setting
• Unprovoked irritability with periods of violence
• Occupational and social impairment, with deficiencies in most areas, such as work, school,
fami ly relations, judgment, thinking, or mood
• Disturbances of motivation and mood
• Difficulty in establishing and maintaining effective work and social relationships
• Panic attacks more than once a week
• Impaired judgment
• Forgetting directions

Forgetting recent events

•Forgetting names
• Depressed mood
• Mild memory loss
• Chronic sleep impairment
·Anxiety

The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 50 percent disability evaluation.
A higher evaluation of 70 percent is not warranted for post traumatic stress disorder unless the evidence shows occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as:

• suicidal ideation
• obsessional rituals which interfere with routine activities
• speech intermittently illogical, obscure, or irrelevant
• near-continuous panic or depression affecting the ability to function independently,
appropriately and effectively
•impaired impulse control (such as unprovoked irritability with periods of violence)
• spatial disorientation
• neglect of personal appearance and hygiene
• difficulty in adapting to stressful circumstances (including work or a worklike setting)
• inability to establish and maintain effective relationships.

Doesn't this sound like 70%? and even if the proposal to reduce was rescinded was it not incumbent on them to rate based on the evidence shown? I knew this was a possibility when i agreed to the "deal" between the VSO and the rater, however looking at the evidence i should have just gone forward with the hearing, etc.

what say you?

Edited July 8, 2015 by USMC_VET

[SeattleShay]

Wow, the must be using the same 70% denial on everyone cause that's exactly what mine said also..